. /.   WORLD TRADE  
ORGANIZATION  IP/C/W/524 
22 October 2008 
 
 (08-5115) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
TRANSITIONAL REVIEW MECHANISM OF CHINA 
 
Communication from Canada  
 
 
 By means of a communication from the Delega tion of Canada, dated 20 October 2008, the 
Secretariat has received the following contribution in  the context of the transitional review mechanism 
under Section 18 of China's Protocol on Accession.  
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 1. Canada is encouraged by China's formal rec ognition of the importance of intellectual property 
protection and enforcement through the release of its  National Intellectual Property Strategy this past 
June.  Canada also notes a considerable, and grow ing, number of patent and trademark registration 
applications in China as well as associated delays  and processing backlogs.  With this in mind, 
Canada would be most grateful to learn what resources and measures will China devote to improve 
the functioning of systems protecting intellectual property rights? 
2. In the Strategy, China also distinguishes between developed a nd developing economies 
approach to intellectual property rights, noting that "[d]eveloped countries…make full use of the 
intellectual property system to maintain their comp etitive advantage" and that "[d]eveloping countries 
actively adopt intellectual property policies and measures suitable for their respective national 
conditions to promote development".  Canada woul d be most grateful if China could explain the 
distinction it offers between de veloping and developed countries IPR regimes and which aspects of 
developed economies' intellectual property rights po licies and measures it considers unsuitable for 
China? 
3. Canada would be grateful to learn about Chin a's experiences with respect to the registration 
and use of the Beijing Olympic trademarks. 
I. CHINA'S ACTION PLANS ON INTELLECTUAL PROPERTY RIGHTS (IPR) 
PROTECTION  
4. Canada would be most grateful for details/resu lts of the enforcement activities undertaken by 
China through its 2007 Action Plan on IPR Protec tion as well as the nature of infringement activities 
involved (i.e. number of campaigns, where they were  conducted, charges laid, convictions, type of 
infringement, category of goods, etc.)  
5. Canada would also be grateful if China could identify the direct channels or specific web 
addresses to access those measures, regulations and j udicial interpretations lis ted in the 2008 Action 
Plan on IPR Protection as well as a timetable for their announcement.  IP/C/W/524 
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  6. A complete list of all Chinese agencies respons ible for or dealing with IPR issues and 
activities, as well as their respec tive roles and responsibilities would also be most helpful.  
7. Canada would be most grateful for further in formation on the objective and function of IPR 
Protection Aid Centres mentioned under the Plan  for Providing Services for the Rights Owners 
section of the 2008 Action Plan.  Furthermore, do fo reign right owners have access to the same 
services provided to Chinese rights holders by these Centres? 
8. It would also be helpful for Canada to unde rstand what reporting mechanisms are being used 
by the Centres and the frequency of foreign righ t holders accessing the services of the Centres. 
II. PATENT LAW REVISIONS 
9. China's National People's Congress announced the draft Patent Law Amendments in August 
2008 for public comments.  Noting that the revising process of China's Patent Law has been ongoing 
for some time, could China please provide a time table for the finalization of the amendments? 
10. Article 21 of the draft allows any entity or individual to apply a patent in other countries for 
invention-creation made in China, but a confidentia lity review by the Chinese patent authority is 
required beforehand.  Canada would be most gratef ul if China could explain the procedures involved 
and provide a possible timeframe for a confidentiality review?  
11. Article 23 of the draft requires "absolute novelty"  - only technology which is undisclosed both 
in China and internationally before the date of fili ng may be granted with a pa tent.  Canada would be 
most grateful for China's understanding of how this approach might impact on foreign investment in 
China. 
 
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